Appellate Court of Illinois

In an action arising out of a personal guaranty executed by defendants in favor of plaintiff, order granting plaintiff's motion in limine to bar defendants from presenting evidence relating to an increase in risk they had assumed under the guaranty and order awarding plaintiff attorney fees and costs are affirmed over claims that: 1) the circuit court erred in granting plaintiff's motion where the subsequent agreement between plaintiff and the tenant presented material changes which should have discharged the defendants from their obligations as guarantors; 2) the circuit court erred in granting a directed verdict, which denied the defendants their opportunity to present their affirmative defense of estoppel by waiver; and 3) the circuit court should have found it unconscionable to hold the defendants liable under an agreement to which they were not a party.

Appellate Information

• Decided 08/30/2007
• Published 09/07/2007

Judges

Court

• Appellate Court of Illinois

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